Welded Stainless Pressure Pipe From India: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2021-2022, 85211-85214 [2023-26878]
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Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Notices
Tail No.
Serial No.
EW–457PA ................
EW–457PA ................
61423
61423
Aircraft type
Departure/arrival cities
737–8ZM (B738) ................
737–8ZM (B738) ................
Istanbul, TR/Minsk, BY ...................................
Hurghada, EG/Minsk, BY ................................
ddrumheller on DSK120RN23PROD with NOTICES1
III. Findings
Under the applicable standard set
forth in Section 766.24 of the
Regulations and my review of the entire
record, I find that the evidence
presented by BIS demonstrates that
Belavia has acted in violation of the
Regulations and the TDO; that such
violations have been significant,
deliberate and covert; and that given the
foregoing and the nature of the matters
under investigation, there is a likelihood
of imminent violations. Moreover, I find
that renewal for an extended period is
appropriate because Belavia has
engaged in a pattern of repeated,
ongoing and/or continuous apparent
violations of the EAR. Therefore,
renewal of the TDO for one year is
necessary in the public interest to
prevent imminent violation of the
Regulations and to give notice to
companies and individuals in the
United States and abroad that they
should avoid dealing with Belavia, in
connection with export and reexport
transactions involving items subject to
the Regulations and in connection with
any other activity subject to the
Regulations.
IV. Order
It is therefore ordered:
First, Belavia Belarusian Airlines,
14A, Nemiga str., Minsk, Belarus,
220004, when acting for or on their
behalf, any successors or assigns, agents,
or employees may not, directly or
indirectly, participate in any way in any
transaction involving any commodity,
software or technology (hereinafter
collectively referred to as ‘‘item’’)
exported or to be exported from the
United States that is subject to the EAR,
or in any other activity subject to the
EAR including, but not limited to:
A. Applying for, obtaining, or using
any license (except directly related to
safety of flight), license exception, or
export control document;
B. Carrying on negotiations
concerning, or ordering, buying,
receiving, using, selling, delivering,
storing, disposing of, forwarding,
transporting, financing, or otherwise
servicing in any way, any transaction
involving any item exported or to be
exported from the United States that is
subject to the EAR except directly
related to safety of flight and authorized
by BIS pursuant to Section 764.3(a)(2) of
the Regulations, or engaging in any
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20:23 Dec 06, 2023
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other activity subject to the EAR except
directly related to safety of flight and
authorized by BIS pursuant to Section
764.3(a)(2) of the Regulations; or
C. Benefitting in any way from any
transaction involving any item exported
or to be exported from the United States
that is subject to the EAR, or from any
other activity subject to the EAR except
directly related to safety of flight and
authorized by BIS pursuant to Section
764.3(a)(2) of the Regulations.
Second, that no person may, directly
or indirectly, do any of the following:
A. Export, reexport, or transfer (incountry) to or on behalf of Belavia any
item subject to the EAR except directly
related to safety of flight and authorized
by BIS pursuant to Section 764.3(a)(2) of
the Regulations;
B. Take any action that facilitates the
acquisition or attempted acquisition by
Belavia of the ownership, possession, or
control of any item subject to the EAR
that has been or will be exported from
the United States, including financing
or other support activities related to a
transaction whereby Belavia acquires or
attempts to acquire such ownership,
possession or control except directly
related to safety of flight and authorized
by BIS pursuant to Section 764.3(a)(2) of
the Regulations;
C. Take any action to acquire from or
to facilitate the acquisition or attempted
acquisition from Belavia of any item
subject to the EAR that has been
exported from the United States except
directly related to safety of flight and
authorized by BIS pursuant to Section
764.3(a)(2) of the Regulations;
D. Obtain from Belavia in the United
States any item subject to the EAR with
knowledge or reason to know that the
item will be, or is intended to be,
exported from the United States except
directly related to safety of flight and
authorized by BIS pursuant to Section
764.3(a)(2) of the Regulations; or
E. Engage in any transaction to service
any item subject to the EAR that has
been or will be exported from the
United States and which is owned,
possessed or controlled by Belavia, or
service any item, of whatever origin,
that is owned, possessed or controlled
by Belavia if such service involves the
use of any item subject to the EAR that
has been or will be exported from the
United States except directly related to
safety of flight and authorized by BIS
pursuant to Section 764.3(a)(2) of the
Regulations. For purposes of this
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Dates
October 31, 2023.
October 30, 2023.
paragraph, servicing means installation,
maintenance, repair, modification, or
testing.
Third, that, after notice and
opportunity for comment as provided in
section 766.23 of the EAR, any other
person, firm, corporation, or business
organization related to Belavia by
ownership, control, position of
responsibility, affiliation, or other
connection in the conduct of trade or
business may also be made subject to
the provisions of this Order.
In accordance with the provisions of
sections 766.24(e) of the EAR, Belavia
may, at any time, appeal this Order by
filing a full written statement in support
of the appeal with the Office of the
Administrative Law Judge, U.S. Coast
Guard ALJ Docketing Center, 40 South
Gay Street, Baltimore, Maryland 21202–
4022.
In accordance with the provisions of
section 766.24(d) of the EAR, BIS may
seek renewal of this Order by filing a
written request not later than 20 days
before the expiration date. A renewal
request may be opposed by Belavia as
provided in Section 766.24(d), by filing
a written submission with the Assistant
Secretary of Commerce for Export
Enforcement, which must be received
not later than seven days before the
expiration date of the Order.
A copy of this Order shall be provided
to Belavia and shall be published in the
Federal Register.
This Order is effective immediately
and shall remain in effect for one year.
Matthew S. Axelrod,
Assistant Secretary of Commerce for Export
Enforcement.
[FR Doc. 2023–26896 Filed 12–6–23; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–867]
Welded Stainless Pressure Pipe From
India: Preliminary Results and Partial
Rescission of Antidumping Duty
Administrative Review; 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
finds that certain producers and/or
AGENCY:
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exporters subject to this administrative
review sold welded stainless pressure
pipe (WSPP) from India at less than
normal value during the period of
review (POR), November 1, 2021,
through October 31, 2022. We invite
interested parties to comment on these
preliminary results.
DATES:
Applicable December 7, 2023.
FOR FURTHER INFORMATION CONTACT:
Charles Doss or John Conniff, AD/CVD
Operations, Office III, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4474 and (202) 482–1009,
respectively.
SUPPLEMENTARY INFORMATION:
preliminary results until November 30,
2023.6
For a complete description of the
events that followed the initiation of the
review, see the Preliminary Decision
Memorandum. A list of topics included
in the Preliminary Decision
Memorandum is included in the
appendix to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Background
Scope of the Order
On November 17, 2016, Commerce
published in the Federal Register the
antidumping order on WSPP from
India.1 On November 1, 2022,
Commerce published in the Federal
Register a notice of opportunity to
request an administrative review of the
Order.2 On January 3, 2023, based on
timely requests for review, in
accordance with section 751(a)(1) of the
Tariff Act of 1930, as amended (the Act)
and 19 CFR 351.221(c)(1)(i), Commerce
initiated an administrative review of the
Order covering 23 companies.3 On
January 25, 2023, we selected Jindal
Saw Limited (JSL) and Ratnamani
Metals & Tubes Ltd. (Ratnamani) as the
mandatory respondents in this
administrative review.4 Subsequently,
on March 23, 2023, JSL timely withdrew
its request for review and, consequently,
on April 4, 2023, Prakash Steelage
Limited (PSL) was selected as a
mandatory respondent.5 Pursuant to
section 751(a)(3)(A) of the Act,
Commerce extended the deadline for the
The merchandise subject to the Order
is welded stainless pressure pipe from
India. For a complete description of the
scope, see the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this review
in accordance with section 751(a)(2) of
the Act. Export price is calculated in
accordance with section 772 of the Act.
Normal value is calculated in
accordance with section 773 of the Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum.
Partial Rescission of Administrative
Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if the parties that requested a
review withdraw the request within 90
days of the date of publication of the
notice of initiation. Both SSPL and JSL
timely withdrew the only requests for
review for each company. With respect
to SSPL, because we later selected PSL
as a mandatory respondent and we have
preliminarily determined that SSPL is
part of a single entity with PSL, SSPL
continues to be subject to the instant
review. In accordance with 19 CFR
351.213(d)(1), Commerce is rescinding
this administrative review with respect
to JSL.
Rate for Non-Examined Companies
For the rate for companies not
selected for individual examination in
an administrative review, generally,
Commerce looks to section 735(c)(5) of
the Act, which provides instructions for
calculating the all-others rate in a lessthan-fair-value investigation. Under
section 735(c)(5)(A) of the Act, the allothers rate is normally ‘‘an amount
equal to the weighted average of the
estimated weighted-average dumping
margins established for exporters and
producers individually investigated,
excluding any zero or de minimis
margins, and any margins determined
entirely {on the basis of facts
available}.’’ In this review, we have
preliminarily calculated weightedaverage dumping margins of 1.71
percent for Ratnamani and zero percent
for PSL/SSPL. Therefore, in accordance
with section 735(c)(5)(A) of the Act, we
are preliminarily applying Ratnamani’s
weighted-average dumping margin of
1.71 percent to the non-examined
companies because this is the only rate
that is not zero, de minimis, or based
entirely on facts available.
Preliminary Results of Review
We preliminarily determine the
following estimated weighted-average
dumping margins exist for the period
November 1, 2021, through October 31,
2022:
Weighted-average
dumping margin
(percent)
Exporter/producer
ddrumheller on DSK120RN23PROD with NOTICES1
Ratnamani Metals & Tubes Ltd ...................................................................................................................................................
Prakash Steelage Ltd/Seth Steelage Pvt. Ltd .............................................................................................................................
Apex Tubes Private Ltd ...............................................................................................................................................................
Apurvi Industries ..........................................................................................................................................................................
1 See Welded Stainless Pressure Pipe from India:
Antidumping and Countervailing Duty Orders, 81
FR 81062 (November 17, 2016) (Order).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review and Join Annual
Inquiry Service List, 87 FR 65750 (November 1,
2022).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
50 (January 3, 2023).
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4 See Memorandum, ‘‘Respondent Selection,’’
dated January 25, 2023, at 1.
5 See JSL’s Letter, ‘‘Withdrawal of Request for
Antidumping Duty Administrative Review for the
Period of November 01, 2021, to October 31, 2022,’’
dated March 23, 2023; see also Memorandum,
‘‘Selection of Additional Respondent for Individual
Examination,’’ dated April 4, 2023, at 1.
Additionally, Commerce has preliminarily
determined that PSL and Seth Steelage Private
Limited (SSPL) should be collapsed and treated as
a single entity, collectively PSL/SSPL. See
Memorandum, ‘‘Decision Memorandum for the
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1.71
0.00
1.71
1.71
Preliminary Results of the Administrative Review of
the Antidumping Duty Order on Welded Stainless
Pressure Pipe from India; 2021–2022,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum), at the
section titled, ‘‘Affiliation and Collapsing.’’
6 See Memoranda, ‘‘Extension of Deadline for the
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated July 12, 2023; and
‘‘Second Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative
Review,’’ dated October 25, 2023.
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Weighted-average
dumping margin
(percent)
Exporter/producer
ddrumheller on DSK120RN23PROD with NOTICES1
Arihant Tubes ..............................................................................................................................................................................
Divine Tubes Pvt. Ltd ..................................................................................................................................................................
Heavy Metal & Tubes ..................................................................................................................................................................
Hindustan Inox. Limited ...............................................................................................................................................................
J.S.S. Steelitalia Ltd ....................................................................................................................................................................
Linkwell Seamless Tubes Private Limited ...................................................................................................................................
Maxim Tubes Company Pvt. Ltd .................................................................................................................................................
MBM Tubes Pvt. Ltd ....................................................................................................................................................................
Mukat Tanks & Vessel Ltd ..........................................................................................................................................................
Neotiss Ltd ...................................................................................................................................................................................
Quality Stainless Pvt. Ltd ............................................................................................................................................................
Raajranta Metal Industries Ltd ....................................................................................................................................................
Ratnadeep Metal & Tubes Ltd ....................................................................................................................................................
Remi Edelstahl Tubulars .............................................................................................................................................................
Shubhlaxmi Metals & Tubes Private Limited ..............................................................................................................................
SLS Tubes Pvt. Ltd .....................................................................................................................................................................
Steamline Industries Ltd ..............................................................................................................................................................
Disclosure and Public Comment
We intend to disclose the calculations
performed to parties within five days
after the date of publication of this
notice in the Federal Register.7
Pursuant to 19 CFR 351.309(c),
interested parties may submit case briefs
to Commerce no later than 30 days after
the date of publication of this notice.
Rebuttal briefs, limited to issues raised
in the case briefs, may be filed not later
than five days after the date for filing
case briefs.8 Interested parties who
submit case briefs or rebuttal briefs in
this proceeding must submit: (1) a table
of contents listing each issue; and (2) a
table of authorities.9
As provided under 19 CFR
351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged
interested parties to provide an
executive summary of their brief that
should be limited to five pages total,
including footnotes. In this review, we
instead request that interested parties
provide at the beginning of their briefs
a public, executive summary for each
issue raised in their briefs.10 Further, we
request that interested parties limit their
executive summary of each issue to no
more than 450 words, not including
citations. We intend to use the executive
summaries as the basis of the comment
summaries included in the issues and
decision memorandum that will
accompany the final results in this
administrative review. We request that
interested parties include footnotes for
relevant citations in the executive
summary of each issue. Note that
19 CFR 351.224(b).
8 See 19 CFR 351.309(d).
9 See 19 351.309(c)(2) and (d)(2).
10 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
Commerce has amended certain of its
requirements pertaining to the service of
documents in 19 CFR 351.303(f).11
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, filed electronically via
ACCESS. Requests should contain: (1)
the party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of issues to be
discussed. Issues raised in the hearing
will be limited to those raised in the
respective case briefs. An electronically
filed hearing request must be received
successfully in its entirety by
Commerce’s electronic records system,
ACCESS, by 5:00 p.m. Eastern Time
within 30 days after the date of
publication of this notice.
Final Results of Review
Unless extended, we intend to issue
the final results of this administrative
review, which will include the results of
our analysis of all issues raised in the
case and rebuttal briefs, within 120 days
of publication of these preliminary
results in the Federal Register.12
Assessment Rates
Upon completion of this
administrative review, pursuant to
section 751(a)(2)(A) of the Act,
Commerce shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise.
For individually examined
respondents whose weighted-average
7 See
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11 See Administrative Protective Order, Service,
and Other Procedures in Antidumping and
Countervailing Duty Proceedings; Final Rule, 88 FR
67069 (September 29, 2023).
12 See section 751(a)(3)(A) of the Act; and 19 CFR
351.213(h).
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1.71
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1.71
1.71
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1.71
1.71
1.71
1.71
1.71
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1.71
dumping margin is not zero or de
minimis (i.e., less than 0.50 percent), we
will calculate importer-specific ad
valorem antidumping duty assessment
rates based on the ratio of the total
amount of dumping calculated for the
importer’s examined sales to the total
entered value of those same sales in
accordance with 19 CFR 351.212(b)(1).
If the respondent has not reported
entered values, we will calculate a perunit assessment rate for each importer
by dividing the total amount of
dumping calculated for the examined
sales made to that importer by the total
quantity associated with those sales. To
determine whether an importer-specific,
per-unit assessment rate is de minimis,
in accordance with 19 CFR
351.106(c)(2), we also will calculate an
importer-specific ad valorem ratio based
on estimated entered values. Where
either a respondent’s weighted average
dumping margin is zero or de minimis,
or an importer-specific ad valorem
assessment rate is zero or de minimis,
we intend to instruct CBP to liquidate
appropriate entries without regard to
antidumping duties.13
For entries of subject merchandise
during the POR produced by each
individually examined respondent for
which the producer did not know that
the merchandise was destined for the
United States, we will instruct CBP to
liquidate such entries at the all-others
rate (i.e., 8.35 percent) if there is no rate
for the intermediate company(ies)
involved in the transaction.14
13 See 19 CFR 351.106(c)(2); see also
Antidumping Proceeding: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8103
(February 14, 2012).
14 See Order, 81 FR at 81063; see also
Antidumping and Countervailing Duty Proceedings:
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For those companies which were not
individually examined, we will instruct
CBP to assess antidumping duties at an
ad valorem rate equal to the weightedaverage dumping margin determined for
the non-examined companies in the
final results of this review.
Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
regarding the reimbursement of
antidumping and/or countervailing
duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
requirement could result in Commerce’s
presumption that reimbursement of
antidumping and/or countervailing
duties occurred and the subsequent
assessment of doubled antidumping
duties, and/or an increase in the amount
of antidumping duties by the amount of
the countervailing duties.
Notification to Interested Parties
We are issuing and publishing these
preliminary results of review in
accordance with sections 751(a)(1) and
777(i)(1) of the Act, 19 CFR
351.213(h)(2), and 19 CFR 351.221(b)(4).
Cash Deposit Requirements
The following deposit requirements
will be effective for all shipments of the
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of the final results of this
administrative review, as provided by
section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for each specific
company listed above will be equal to
the weighted-average dumping margin
established in the final results of this
administrative review, except if the rate
is less than 0.50 percent and, therefore,
de minimis within the meaning of 19
CFR 351.106(c)(1), in which case the
cash deposit rates will be zero; (2) for
previously reviewed or investigated
companies not participating in this
review, the cash deposit rate will
continue to be the company-specific rate
published for the most recently
completed segment of this proceeding in
which the producer or exporter
participated; (3) if the exporter is not a
firm covered in this review, a prior
review, or the original investigation but
the producer is, the cash deposit rate
will be the rate established for the most
recently completed segment of this
proceeding for the producer of the
subject merchandise; and (4) the cash
deposit rate for all other producers or
exporters will continue to be the allothers rate of 8.35 percent.15 These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
Dated: November 30, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
15 See Order, 81 FR at 81063.
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FOR FURTHER INFORMATION CONTACT:
Miranda Bourdeau or Eliza DeLong, AD/
CVD Operations, Office V, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–2021 or (202) 482–3878,
respectively.
SUPPLEMENTARY INFORMATION:
Background
International Trade Administration
On November 13, 2014, Commerce
published the countervailing duty order
on chlorinated isos in the Federal
Register.1 On January 3, 2023,
Commerce published a notice of
initiation of an administrative review of
the Order.2 On June 30, 2023,
Commerce extended the time period for
issuing these preliminary results until
November 30, 2023, in accordance with
section 751(a)(3)(A) of the Tariff Act of
1930, as amended (the Act).3
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.4 A list of topics
discussed in the Preliminary Decision
Memorandum is included at the
appendix to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
[C–570–991]
Scope of the Order 5
Appendix
List of Topics Discussed in the
Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Review
V. Affiliation and Collapsing
VI. Companies Not Selected for
Individual Examination
VII. Discussion of the Methodology
VIII. Recommendation
[FR Doc. 2023–26878 Filed 12–6–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Chlorinated Isocyanurates From the
People’s Republic of China:
Preliminary Results of the
Countervailing Duty Administrative
Review and Rescission of Review, in
Part; 2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
finds that countervailable subsidies are
being provided to producers and
exporters of chlorinated isocyanurates
(chlorinated isos) from the People’s
Republic of China (China) during the
period of review (POR), January 1, 2021,
through December 31, 2021. Interested
parties are invited to comment on these
preliminary results.
DATES: Applicable December 7, 2023.
AGENCY:
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The products covered by the Order
are chlorinated isos. For a complete
description of the scope of the Order,
see the Preliminary Decision
Memorandum.
1 See Chlorinated Isocyanurates from the People’s
Republic of China: Countervailing Duty Order, 79
FR 67424 (November 13, 2014) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
50 (January 3, 2023).
3 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Countervailing Duty
Administrative Review,’’ dated June 30, 2023.
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Countervailing Duty
Administrative Review of Chlorinated
Isocyanurates from the People’s Republic of China
and Rescission of Administrative Review, in Part;
2021,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
5 See Chlorinated Isocyanurates from the People’s
Republic of China: Countervailing Duty Order, 79
FR 67424 (November 13, 2014) (Order).
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]]>Agencies
[Federal Register Volume 88, Number 234 (Thursday, December 7, 2023)]
[Notices]
[Pages 85211-85214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26878]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-867]
Welded Stainless Pressure Pipe From India: Preliminary Results
and Partial Rescission of Antidumping Duty Administrative Review; 2021-
2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that certain producers and/or
[[Page 85212]]
exporters subject to this administrative review sold welded stainless
pressure pipe (WSPP) from India at less than normal value during the
period of review (POR), November 1, 2021, through October 31, 2022. We
invite interested parties to comment on these preliminary results.
DATES: Applicable December 7, 2023.
FOR FURTHER INFORMATION CONTACT: Charles Doss or John Conniff, AD/CVD
Operations, Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4474 and (202) 482-1009,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 17, 2016, Commerce published in the Federal Register
the antidumping order on WSPP from India.\1\ On November 1, 2022,
Commerce published in the Federal Register a notice of opportunity to
request an administrative review of the Order.\2\ On January 3, 2023,
based on timely requests for review, in accordance with section
751(a)(1) of the Tariff Act of 1930, as amended (the Act) and 19 CFR
351.221(c)(1)(i), Commerce initiated an administrative review of the
Order covering 23 companies.\3\ On January 25, 2023, we selected Jindal
Saw Limited (JSL) and Ratnamani Metals & Tubes Ltd. (Ratnamani) as the
mandatory respondents in this administrative review.\4\ Subsequently,
on March 23, 2023, JSL timely withdrew its request for review and,
consequently, on April 4, 2023, Prakash Steelage Limited (PSL) was
selected as a mandatory respondent.\5\ Pursuant to section 751(a)(3)(A)
of the Act, Commerce extended the deadline for the preliminary results
until November 30, 2023.\6\
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\1\ See Welded Stainless Pressure Pipe from India: Antidumping
and Countervailing Duty Orders, 81 FR 81062 (November 17, 2016)
(Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 87 FR 65750 (November
1, 2022).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 50 (January 3, 2023).
\4\ See Memorandum, ``Respondent Selection,'' dated January 25,
2023, at 1.
\5\ See JSL's Letter, ``Withdrawal of Request for Antidumping
Duty Administrative Review for the Period of November 01, 2021, to
October 31, 2022,'' dated March 23, 2023; see also Memorandum,
``Selection of Additional Respondent for Individual Examination,''
dated April 4, 2023, at 1. Additionally, Commerce has preliminarily
determined that PSL and Seth Steelage Private Limited (SSPL) should
be collapsed and treated as a single entity, collectively PSL/SSPL.
See Memorandum, ``Decision Memorandum for the Preliminary Results of
the Administrative Review of the Antidumping Duty Order on Welded
Stainless Pressure Pipe from India; 2021-2022,'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum), at the section titled, ``Affiliation and Collapsing.''
\6\ See Memoranda, ``Extension of Deadline for the Preliminary
Results of Antidumping Duty Administrative Review,'' dated July 12,
2023; and ``Second Extension of Deadline for Preliminary Results of
Antidumping Duty Administrative Review,'' dated October 25, 2023.
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For a complete description of the events that followed the
initiation of the review, see the Preliminary Decision Memorandum. A
list of topics included in the Preliminary Decision Memorandum is
included in the appendix to this notice. The Preliminary Decision
Memorandum is a public document and is on file electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Scope of the Order
The merchandise subject to the Order is welded stainless pressure
pipe from India. For a complete description of the scope, see the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a)(2) of the Act. Export price is calculated in accordance with
section 772 of the Act. Normal value is calculated in accordance with
section 773 of the Act. For a full description of the methodology
underlying our conclusions, see the Preliminary Decision Memorandum.
Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the parties that
requested a review withdraw the request within 90 days of the date of
publication of the notice of initiation. Both SSPL and JSL timely
withdrew the only requests for review for each company. With respect to
SSPL, because we later selected PSL as a mandatory respondent and we
have preliminarily determined that SSPL is part of a single entity with
PSL, SSPL continues to be subject to the instant review. In accordance
with 19 CFR 351.213(d)(1), Commerce is rescinding this administrative
review with respect to JSL.
Rate for Non-Examined Companies
For the rate for companies not selected for individual examination
in an administrative review, generally, Commerce looks to section
735(c)(5) of the Act, which provides instructions for calculating the
all-others rate in a less-than-fair-value investigation. Under section
735(c)(5)(A) of the Act, the all-others rate is normally ``an amount
equal to the weighted average of the estimated weighted-average dumping
margins established for exporters and producers individually
investigated, excluding any zero or de minimis margins, and any margins
determined entirely {on the basis of facts available{time} .'' In this
review, we have preliminarily calculated weighted-average dumping
margins of 1.71 percent for Ratnamani and zero percent for PSL/SSPL.
Therefore, in accordance with section 735(c)(5)(A) of the Act, we are
preliminarily applying Ratnamani's weighted-average dumping margin of
1.71 percent to the non-examined companies because this is the only
rate that is not zero, de minimis, or based entirely on facts
available.
Preliminary Results of Review
We preliminarily determine the following estimated weighted-average
dumping margins exist for the period November 1, 2021, through October
31, 2022:
------------------------------------------------------------------------
Weighted-average
Exporter/producer dumping margin
(percent)
------------------------------------------------------------------------
Ratnamani Metals & Tubes Ltd........................ 1.71
Prakash Steelage Ltd/Seth Steelage Pvt. Ltd......... 0.00
Apex Tubes Private Ltd.............................. 1.71
Apurvi Industries................................... 1.71
[[Page 85213]]
Arihant Tubes....................................... 1.71
Divine Tubes Pvt. Ltd............................... 1.71
Heavy Metal & Tubes................................. 1.71
Hindustan Inox. Limited............................. 1.71
J.S.S. Steelitalia Ltd.............................. 1.71
Linkwell Seamless Tubes Private Limited............. 1.71
Maxim Tubes Company Pvt. Ltd........................ 1.71
MBM Tubes Pvt. Ltd.................................. 1.71
Mukat Tanks & Vessel Ltd............................ 1.71
Neotiss Ltd......................................... 1.71
Quality Stainless Pvt. Ltd.......................... 1.71
Raajranta Metal Industries Ltd...................... 1.71
Ratnadeep Metal & Tubes Ltd......................... 1.71
Remi Edelstahl Tubulars............................. 1.71
Shubhlaxmi Metals & Tubes Private Limited........... 1.71
SLS Tubes Pvt. Ltd.................................. 1.71
Steamline Industries Ltd............................ 1.71
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Disclosure and Public Comment
We intend to disclose the calculations performed to parties within
five days after the date of publication of this notice in the Federal
Register.\7\ Pursuant to 19 CFR 351.309(c), interested parties may
submit case briefs to Commerce no later than 30 days after the date of
publication of this notice. Rebuttal briefs, limited to issues raised
in the case briefs, may be filed not later than five days after the
date for filing case briefs.\8\ Interested parties who submit case
briefs or rebuttal briefs in this proceeding must submit: (1) a table
of contents listing each issue; and (2) a table of authorities.\9\
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\7\ See 19 CFR 351.224(b).
\8\ See 19 CFR 351.309(d).
\9\ See 19 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\10\ Further,
we request that interested parties limit their executive summary of
each issue to no more than 450 words, not including citations. We
intend to use the executive summaries as the basis of the comment
summaries included in the issues and decision memorandum that will
accompany the final results in this administrative review. We request
that interested parties include footnotes for relevant citations in the
executive summary of each issue. Note that Commerce has amended certain
of its requirements pertaining to the service of documents in 19 CFR
351.303(f).\11\
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\10\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\11\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings; Final
Rule, 88 FR 67069 (September 29, 2023).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. Requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case briefs. An electronically filed
hearing request must be received successfully in its entirety by
Commerce's electronic records system, ACCESS, by 5:00 p.m. Eastern Time
within 30 days after the date of publication of this notice.
Final Results of Review
Unless extended, we intend to issue the final results of this
administrative review, which will include the results of our analysis
of all issues raised in the case and rebuttal briefs, within 120 days
of publication of these preliminary results in the Federal
Register.\12\
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\12\ See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h).
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Assessment Rates
Upon completion of this administrative review, pursuant to section
751(a)(2)(A) of the Act, Commerce shall determine, and U.S. Customs and
Border Protection (CBP) shall assess, antidumping duties on all
appropriate entries of subject merchandise.
For individually examined respondents whose weighted-average
dumping margin is not zero or de minimis (i.e., less than 0.50
percent), we will calculate importer-specific ad valorem antidumping
duty assessment rates based on the ratio of the total amount of dumping
calculated for the importer's examined sales to the total entered value
of those same sales in accordance with 19 CFR 351.212(b)(1). If the
respondent has not reported entered values, we will calculate a per-
unit assessment rate for each importer by dividing the total amount of
dumping calculated for the examined sales made to that importer by the
total quantity associated with those sales. To determine whether an
importer-specific, per-unit assessment rate is de minimis, in
accordance with 19 CFR 351.106(c)(2), we also will calculate an
importer-specific ad valorem ratio based on estimated entered values.
Where either a respondent's weighted average dumping margin is zero or
de minimis, or an importer-specific ad valorem assessment rate is zero
or de minimis, we intend to instruct CBP to liquidate appropriate
entries without regard to antidumping duties.\13\
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\13\ See 19 CFR 351.106(c)(2); see also Antidumping Proceeding:
Calculation of the Weighted-Average Dumping Margin and Assessment
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR
8101, 8103 (February 14, 2012).
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For entries of subject merchandise during the POR produced by each
individually examined respondent for which the producer did not know
that the merchandise was destined for the United States, we will
instruct CBP to liquidate such entries at the all-others rate (i.e.,
8.35 percent) if there is no rate for the intermediate company(ies)
involved in the transaction.\14\
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\14\ See Order, 81 FR at 81063; see also Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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[[Page 85214]]
For those companies which were not individually examined, we will
instruct CBP to assess antidumping duties at an ad valorem rate equal
to the weighted-average dumping margin determined for the non-examined
companies in the final results of this review.
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
review in the Federal Register. If a timely summons is filed at the
U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
Cash Deposit Requirements
The following deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for each specific
company listed above will be equal to the weighted-average dumping
margin established in the final results of this administrative review,
except if the rate is less than 0.50 percent and, therefore, de minimis
within the meaning of 19 CFR 351.106(c)(1), in which case the cash
deposit rates will be zero; (2) for previously reviewed or investigated
companies not participating in this review, the cash deposit rate will
continue to be the company-specific rate published for the most
recently completed segment of this proceeding in which the producer or
exporter participated; (3) if the exporter is not a firm covered in
this review, a prior review, or the original investigation but the
producer is, the cash deposit rate will be the rate established for the
most recently completed segment of this proceeding for the producer of
the subject merchandise; and (4) the cash deposit rate for all other
producers or exporters will continue to be the all-others rate of 8.35
percent.\15\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\15\ See Order, 81 FR at 81063.
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Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping and/or countervailing duties
prior to liquidation of the relevant entries during this review period.
Failure to comply with this requirement could result in Commerce's
presumption that reimbursement of antidumping and/or countervailing
duties occurred and the subsequent assessment of doubled antidumping
duties, and/or an increase in the amount of antidumping duties by the
amount of the countervailing duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results of review
in accordance with sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR
351.213(h)(2), and 19 CFR 351.221(b)(4).
Dated: November 30, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Review
V. Affiliation and Collapsing
VI. Companies Not Selected for Individual Examination
VII. Discussion of the Methodology
VIII. Recommendation
[FR Doc. 2023-26878 Filed 12-6-23; 8:45 am]
BILLING CODE 3510-DS-P
